The Many Ways of Film Distribution

Technology has come a long way, and there are many ways films are distributed to the public. As technology advances so does the way movies are distributed. Films and television programs are distributed through movie theaters, DVD sales and rentals, websites, television, video game systems, and Internet. In the beginning movies were distributed in 2D, and on VHS. Now you can watch a movie in 3D and watch it anywhere, and on almost every electronic device made. 

The aforementioned advances have allowed for the distribution of movies to expand.  It allows for movies to be distributed electronically.  Movie can be electronically downloaded to Blu-Ray players, laptops, MP3 players, and a host of other devices.  This allows people to purchase movies in an eco-friendly nature.   Movies are also distributed in combination packs that include standard DVD, Blu-Ray, and Digital Copy.  This prevents companies from having to package three different copies.

A trend I see in film distribution is Hollywood studios and cable operators are in discussions to send movies to people’s living room just a few weeks after the films release at the box office (Anonymous, 2011). Executives from Time Warner Cable at a cable industry convention pitched the proposal in 2011. Warner Bros., The Disney Co., Sony Pictures, Universal Pictures and other Hollywood studios, is taking this proposal into consideration. This will allow people to watch new movies in the privacy of their home 30 days after the release for the price of $20 - $30 a movie. Although people go to the movies to socialize, I believe movie theaters will become obsolete in the future if a deal like this happens because it will be cheaper for a person to watch the movies at home, instead of paying $12-15 to get into the movies, pay $5.50-$7.00 for popcorn, and $5.00 for a soda.

I hope movie theaters do not become obsolete because movie theaters have served as an integral part of the social development of society.  Movie theaters are places where teenagers go to hang out with friends, where first dates take place, and family members go to watch a good movie together.  

Anonymous (2010) Trends in Independent Film Distribution: Retrieved on June 14, 2011 from http://showbizmanagementadvisors.com/Trends%20In%20Independent%20Film%20Distribution.htm

When becoming a successful movie director, producer, or screenwriter it is imperative to protect your intellectual property.  Protecting the intellectual property will protect the owner from accusations of stealing others material, and lawsuits. In a recent podcast titled Entertainment Law Podcast Episode 10 Gordon P. Firemark and Tamara Bennett had a discussion about the movie Avatar, director James Cameron and the many people that were trying to sue him for copyright infringement. Avatar was the blockbuster film of 2009 the movies grossed $2.78 billion dollars worldwide.  With the success of this came many lawsuits that accused the makers of Avatar of theft and copyright infringement. The lawsuits are done by people from all over, even a guy in China is saying he wrote the storyline that Avatar used.. According to www.io9.com James Cameron is accused of stealing from 16 different sources. Is it remotely possible James Cameron could have stolen the ideas of 16 people, or that great minds think alike and they all had similar ideas? Art, film, and music influence people to create masterpieces, and creative people may use what they see to create those masterpieces. I believe this is what James Cameron did and made a fortune doing it, but he should have gotten permission from the owners of those intellectual properties before doing so to avoid lawsuits.

Another case that was discussed was an incident that involved Justin Bieber’s manager Scott “Scooter” Braun who could face criminal charges for a riot that occurred at a mall in New Jersey. The crowd started getting wild before Justin Beiber and his manager arrived and the event was canceled. The police informed Scott Braun to log onto Justin’s Twitter page and inform people that the event was cancelled. Scott Braun initially refused, but eventually sent the message out one and a half hour later. There were a number of injuries and six people were hospitalized due the fans getting upset about the cancellation of the appearance. Mr. Braun was charged with second-degree reckless endangerment and second-degree criminal nuisance. Managers have the responsibility of protecting their Artist and the venue has the responsibility of protecting the hundreds, or thousands of fans that will be there to see their favorite Artist. The Fire Marshall and the police should have ensured the fans are not inciting a riot, and if there are fans causing a chaotic scene those troublemakers should be escorted away and the crowd is still maintained safely and with authority. If I manage any Artist I will make sure that all safety measures are in place for my Artist, and there are safety measures in place for the fans because without the fans there would not be any successful so it is important to ensure the safety of the fans also.

The third case that was discussed was the movie The King’s Speech. The American Humane Association was threatening the Weinstein Company, which is the production company and the distributer of the film, because the film used the phrase “No animals were harmed during the production of this film. The American Humane Association says their company trademarks that phrase. Although the movie was made in the U.K. the American Humane Association believes that if a film is going to be distributed in the United States and use that term, it will be confusing to the public if the American Humane Association gave their approval to use the term. If the Weinstein company had used the term “This film is animal friendly” or a term not close to the American Humane Association there would not have been a lawsuit. This case is kind of confusing, but I know if I was going to use another company’s trademark I would get permission to do so no matter where I am filming a movie

Anonymous (2010) The Complete List Of Sources Avatar’s Accused Of Ripping Off. Retrieved on May 25, 2011 from http://io9.com/5460954/the-complete-list-of-sources-avatars-accused-of-ripping-off

Firemark, G. P. (2010) Entertainment Law Update Podcast, Episode 10 – Use the Force, Big Boy, and Watch Out for Beyonce’s Undies. Retrieved on May 26, 2011 http://www.entertainmentlawupdate.com/2010/04/entertainment-law-update-podcast-episode-10-use-the-force-big-boy-and-watch-out-for-beyonces-undies/

Firemark, G. P. (2010) Entertainment Law Update Podcast Episode 11 – Hot News – “Free Scooter!” Cries Justin Bieber. Retrieved on May 26, 2011 from http://www.entertainmentlawupdate.com/2010/05/episode011/

Firemark, G. P. (2010) Entertainment Law Update Podcast Episode 18 –Of Beauty Queens and Foot long Sandwiches Retrieved on May 26, 2011 from http://www.entertainmentlawupdate.com/2011/03/episode-18-of-beauty-queens-and-footlong-sandwiches/

Protection, Protection, Protection… The Way To Stay Lawsuit Free!!!

When starting, and managing a business it is important to ensure you are protected in every aspect of the business. It’s important to protect your name, your trademark, your patent, and copyright your work. You must also ensure you are not stealing anyone else’s work, trademark, or using anything close to their name. By ensuring you are straight with all of these aspects your company will not endure the process of being sued by people or other companies. I have learned of three legal concerns that I need to take care of before starting my career in the entertainment industry. These are a few real life examples the three legal concerns.

Getting Permission To Use Work

In 2007, a British soul singer named Des’ree sued Beyonce Knowles for failure to get permission to semi-cover the song “I’m Kissing You” and Beyonce used her version of the song on her deluxe version of the B’Day album. The lawsuit claimed that representatives from Columbia records tried but failed to finalize a deal to get clearance on the song (Diver, 2007). In this lawsuit Des’ree was looking for the distribution of the song to be stopped and $150,000 in damages.

Here is a video of the two singing the song:

As a screenwriter and director wanting to start my own production company I must ensure that I obtain permission before I rewrite a screenplay, or use a song in my film. This agreement must be obtained in writing before I begin to do any work.

Trademark Infringement

Lady Gaga is suing a company called Covent Garden for wanting to sell ice cream made with human breast milk and calling it Baby Gaga. The legal documents that were drawn up by Lady Gaga’s lawyers states that the product is nausea-inducing and intended to take advantage of her reputation and goodwill. The company is also accused of riding the coattails of Lady Gaga because they used a waitress dressed like the pop star to serve the product (Trademark Infringement, 2011).

 When reading about this case it makes you wonder what can you trademark, and it seems like you can trademark anything from web pages, packaging, décor, even the color you use in your logo. New companies must be aware of other company trademarks to ensure they do not copy their trademarks.

Breach of Contract

Jack Nicholson sued producer Mark Canton for a $1.2 million loan that was done in 2002. Mr. Canton took out a 1.5 million dollar loan with City National Bank for 1.5 million. The Mr. Nicholson agreed guarantee and also pledged certain collateral to ensure repayment (Belloni, 2009). When the due date came for the loan Mr. Canton could not pay, and Mr. Nicholson paid the bank loan for Mr. Canton and entered and agreement with him to repay Mr. Nicholson by July 2008 plus 8% interest (Belloni, 2009).  As of September 2008 Mr. Canton has only paid $1,781.27 and the remaining balance is $1,200,000 in principal and $48,000 in interest. The deal also includes that Mr. Canton is to give Mr. Nicholon 50% of any producing fees or profit participation fees he receives. Mr Canton still has not lived up to any of his promises, which is why Mr. Nicholson is suing him.

It is important to never breach any contracts because you may have to pay back more than what you owe.  Breaching contracts is not only wrong, but also unethical in the business world. When a contract is drawn up, all of the details are expected to be met in a timely manner. Although life occurrences do happen, it is not the norm. These occurrences should not happen consistently.

Anonymous (2007) Dueling Divas- Beyonce and Des’ree http://www.youtube.com/watch?v=wlGi5VX7SmA

Anonymous (2007) Trademark Infringement: Lady Gaga Sues Covent Garden Shop Over ‘Baby Gaga’ Flavour Human Breast Ice Cream Retrieved on May 3, 2011 from http://fashionentlaw.com/music-law/trademark-infringement-lady-gaga-sues-covent-garden-shop-over-‘baby-gaga’-flavour-human-breast-ice-cream/

Belloni, M. (2009) Jack Nicholson Sues Producer Mark Canton To Collect $1.2 Million Loan http://reporter.blogs.com/thresq/2009/04/jack-nicholson-sues-producer-mark-canton-to-collect-12-million-loan.html

Diver, M. (2007) Des’ree versus Beyonce: Cover Was Never Cleared. Retrieved on May 3, 2011 from http://drownedinsound.com/news/1881557

New Orleans Jazz & Heritage Festival

It’s that time of year again, for the New Orleans Jazz and Heritage Festival. This event is one of two huge events that happen in New Orleans, La. every year.  The Jazz and Heritage Festival is a 10-day cultural feast that happens every year at the end of April and beginning of May. The event is held at the Fair Grounds Race Course every year since 1970. The event draws thousands of people from all over the country to New Orleans for fun in the sun, great music, and great savory Cajun food.

Jazz Band

There is so much to do at the festival. There are 12 stages that showcases hundreds musical acts throughout the day. People get to hear jazz gospel, Cajun, zydeco, rap, R&B, rock, funk, Latin, Africa, folk, and Caribbean music all day. The festival has had many artist perform on their stages such as: Aretha Franklin, Fats Domino, Dr. John, Willie Nelson, Gladys Knight, Drake, Wyclef John, LL Cool J, Bon Jovi, and many more other artist.

The festival not only allows people to dance and hear great music but allow the to purchase beautiful painting, jewelry, sculptures, and photographs that were made by not only local artist, but also made by national and international artists. There are artist tents that are set up which give festival-goers the opportunity to view and purchase Louisiana culture, heritage, and tradition through art. These items are collectible items that people can enjoy for many years.

Crawfish

Shrimp Po-boy

Now onto the best part of the festival, the food, New Orleans has the best food and it will be showcased at the festival. Festival-goers can chose from hot sausage po-boy, crawfish, Cajun jambalaya, crawfish bread, shrimp bread, boudin balls, shrimp gumbo, Ya Ka Mein, etc… The food is amazing, and people from everywhere get to see how cooks in New Orleans throw down with food. When you walk through the gates of the Fairgrounds you feel like you're in food heaven.

Coming to the festival makes you feel like there's nothing more in the world than music, food, crafts, and friendship, because this event is an all day event for 10 days. And once festival-goers are finished at the Jazz Fest. they can go to the French Quarters for evening fun.

Crowd at New Orleans Jazz and Heritage Festival

Johnny Wright: Artist Manager to the Stars

Artist managers have the best job in the world. They get to attend award shows, network with celebrities, and travel around the world with their artists.  People do not see the hard work that goes into turning their artist from an unknown artist to a worldwide superstar. Artist managers must take on many roles such as: adviser, organizer, strategist, overseer, planner, travel companion, friend, detail person, and coordinator. The life of an artist manager may be fun, but there is a lot of hard work that needs to be done in order to enjoy the perks of being an artist manager.

Johnny Wright knows all about the hard work of managing music artist. He manages artists such as: Ciara, Jonas Bros. Aubrey O’Day, Justin Timberlake, Nick Jonas, and Laurieann Gibson. He has managed Janet Jackson, N’SYNC, Backstreet Boys, Danity Kane and Brittney Spears. Mr. Wright is not only an artist manager; he is also a film and television producer. Every artist Mr. Wright has managed has gone platinum or multi-platinum in the beginning of his or her careers.

As a successful manager, Mr. Wright sees to it that the focus is not only placed on the artist as a musical entity.  Mr. Wright explores and captures his artist as a complete brand.  He branches his artist into such endeavors as: acting, clothing, cosmetics, cologne, and beverages.  Mr. Wright also seeks to maximize the artistic potential and the earning potential of his clients.  He urges his clients to constantly explore areas that will keep their names and faces in the spotlight between albums.  This is a successful mechanism because it allows the client to release a new album without the hassle of trying to recapture their artist fan base.  This also is what he utilizes as an important marketing tool.

Mr. Wright is and has continued to be one of the most respected and influential managers in the business.  It is because of his success that he maintains his influence and prominence in the music and film industries.

Negotiations: The Key to Getting Things Done

      Negotiations are not only vital, but a pivotal aspect of an artists development and career longevity.  Without a solid negotiator, many artists may find themselves in a position where their career is cut short, or they finish a long career ending up flat broke.  An experienced negotiator places his artists in the best financial position and the best position for the advancement of his career

      Mone’ Walker has been working in the music industry for over 10 years. She has worked with many artists from Destiny’s Child to Nicki Minaj. She works as an A&R Administrator and Tour Manager for her artists. Today, Ms. Walker will join me to discuss how she negotiates for her clients.

      1. When negotiating how did you use objective criteria to get what you want? Was it successful?

          I scout the market for catering, instruments, venues, travel fees for my artist for when they go on tour and negotiate the best prices for them. I do not really have to negotiate producing fees because I know how much producers charge. When an artist is first starting out in the music business negotiating a budget is pretty.

      2. How do you separate the people from the problem? And how did it affect the outcome of the    negotiation

       I try to do what is best for the artist by focusing on the problem, the goal, and the solution. I keep other factors, emotions, and outside influences out of the negotiations because if I allow these factors to enter a negotiation the negotiation will not go well.

    3. When negotiating for your artist, have you had to use your BATNA as a last resort to get what     you want? Was it successful?

      

      Yes I have, I have to make sure that my artist are getting the best deal possible. Before I enter a negotiation I make sure I have the best alternative to an agreement just in case the negotiation is at a stand still. I like to think of creative alternatives that would appeal to both parties.

      4. Have you ever dealt with any negative emotion during negotiations? If so, how did you deal with it?

     Yes I have, I have dealt with negative emotions because I am female. Most managers, promoters, and other artist are used to seeing male tour managers. When they see me they think I do not know what I am doing and think they can get over, move at their own pace, or just not listen to me. I have to let them know I have experience in the industry, I know what I am talking about, and as long as you move slow your venue loses money and ticket sales because you have to pay the artist regardless. 

      5. In the negotiation process have you or the other party try to do any dirty tricks/tactics? If so, how did you deal with it?

      

      I do not practice doing dirty tricks/tactics during negotiations but I have been in negotiations with some managers and artist that have especially in studio sessions. Some artist will not record because some things they may have wanted do not go their way. Some managers will lie to get an artist to the studio to work with them, but when the artist gets their check the amount is not what was negotiated. I have to then negotiate and find an creative alternative to the problem.

      6. How did you and the other party work toward mutual benefits in the negotiations?

      When working towards a mutual benefit with artists, promoters, managers, and producers we try to discuss the terms, brainstorm creative alternatives, and work our way to an amicable solution. Sometime these solutions can be getting a point on record sales, getting a percentage of publishing rights, etc…

            

      7. I am going to name 3 of the 5 core concerns that play a role in negotiation. Can you tell me how each has played a role in any negotiation you have done?

      Appreciation: When negotiating with an artist that is trying to make a comeback in the music industry. I try to make the artist feel welcomed, feel easy, let them know we know their background, and let them know the label cares and will help them get back to the top.

Role: I take on many roles when negotiating; I am the listener, collaborator, compromiser, brainstormer, talker, option generator, joker, and facilitator. I take on these roles to ensure the negotiation goes well, and I make sure my artist not taken advantage of.

Status: Status plays a huge role in negotiations, especially with A-list artist. The artists’ availability is sometimes compromised by the status and arrogance of the artists. Most artists are humbled and are easy to negotiate with but some artist will use their status to make negotiations difficult. 

Box Office Battle

For Justin Beiber and his fans, Friday January 11 was the best day in 2011 because Friday was the premiere of Justin Beiber’s 3D concert film Never Say Never. This film showed clips from Justin’s childhood performances, his determination to achieve his dream, and some of his 2010 concert performances. The film is part concept film, brand consolidation, something that was designed as a keepsake for his fans and an introduction for the uninitiated to the pop music and dancing sensation (Olsen, 2011). This movie was on of the highest grossing movies so far in 2011 on the opening day in 2011. This movie had more sales on opening night than Miley Cyrus/Hannah Montana: Best of Both Worlds Concert, which took in $8.7 million on opening night.

Never Say Never beat Adam Sandler’s film “Just Go With It”, which grossed $9.7 million on Friday night. Critics do not believe that Justin Beiber will not be able to hold off the Adam Sandler’s film when the numbers get tallied on Sunday. I believe with Justin Beiber’s loyal fans across the country, the teenage heartthrob will keep the number one spot, and beat Adam Sandler for the highest-ranking movie so far of 2011.

 

When the box office number came in Sunday for the gross amount of ticket sales of Never Say Never and Just Go With It for Friday and Saturday, the numbers showed that Just Go With It made more money than Never Say Never opening weekend. It was a very tight race but Adam Sandler beat Justin Beiber by $1 million dollars. Just Got With It grossed $31.2 million dollars while Never Say Never came in at number 2 and grossed $30.2 million dollars (2011). Although Just Beiber’s fans came out in huge numbers to support the pop star, it was not enough to hold off the King of Comedy Adam Sandler.

Both are great movies and I hope you will get a chance to check out each movie. One will leave you inspired and the other will have you LMBO (laughing your butt off).

Reference:

http://www.latimes.com/entertainment/news/la-et-justin-bieber-20110211,0,1994905.story